July 28, 1999 Honorable Alex Kozinski, Judge Ninth Circuit Court of Appeals c/o P.O. Box 91510 Pasadena 91109-1510 CALIFORNIA, USA Subject: Insider Sales at America Online, Inc. ("AOL") per Wall Street Journal, 1999/07/27, p. B-10 Dear Judge Kozinski: The criminal complaints which we have recently filed with your office contain a verified excerpt from the first draft of our COMPLAINT FOR DAMAGES AND INJUNCTION FOR COPYRIGHT INFRINGEMENT AND RELATED CLAIMS, JURY DEMANDED, in re Mitchell v. AOL et al. (not yet filed). Since Mr. James Barksdale, a member of AOL's Board of Directors, chose to fall silent in the face of that draft, and accompanying transmittal letter, several weeks ago, we are now persuaded to believe that he is unwilling to assist us in achieving a quiet settlement of this matter. All other members of AOL's Board of Directors were similarly notified, via U.S. Mail. Mr. James Barksdale, as you may already know, became a major stockholder in AOL -- by trading stock he previously held in the Netscape Communications Corporation, corporate developer of the highly successful Netscape Navigator software, in company with Mr. Marc Andreessen. The article published on page B-10 in the Wall Street Journal, dated July 27, 1999 (see attached), now raises the very real possibility that certain AOL principals are moving valuable assets out of the reach of all federal district courts which have original jurisdiction over our imminent lawsuit. See the latest version of our Copyright Amnesty Program (copy also attached). Since this matter cannot come before you formally until either final judgment is reached, or your panel grants leave to appeal interlocutory order(s), I am exercising my legal obligations under 18 U.S.C. 4 to inform you of the possibility that the insider sales reported supra may be motivated by an attempt to devalue assets that will be required to secure my claims against AOL and all of its agencies, assigns, and instrumentalities. For your information, we have retained a professional consultant to assist us in finding suitable counsel to commence our law suit against AOL and approximately 500 Doe's. Candidate law firms are reviewing a confidential summary of the case at this very moment. Judge Kozinski, thank you very much for your continuing supervision in this important matter. You may contact me by writing care of our Forwarding Agent (see criminal complaints). Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew Mitchell, B.A., M.S. Counselor at Law, Federal Witness, Private Attorney General, Author (early editions under a pen name), Webmaster: Supreme Law Library, Candidate for the U.S. House of Representatives copies: Securities and Exchange Commission, Washington, D.C. Federal Bureau of Investigation, Dulles, Virginia Attorney General, State of Delaware Attorney General, Commonwealth of Virginia copyright enforcement staff litigation files (pending) James Barksdale, Director, America Online, Inc. (c/o Spark Public Relations, Palo Alto, California) All Rights Reserved without Prejudice # # #
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